File #: 16-1356    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 8/17/2016 In control: Law
On agenda: 10/19/2016 Final action: 10/19/2016
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: 2:10-CV-03254 Claimants: James Kneipp, Joseph Martin, Kenneth Brown, William Tartis, Antonio Gonzalez, Donna Sapienza and Michael Lalley Claimant's Attorney: The Law Offices of Niedweske Barber Hager Attorney's Address: 98 Washington Street, Morristown, New Jersey 07960 Settlement Amount: $660,600.00 Funding Source: Insurance Fund Trust Additional Comments: $225,000.00 to Plaintiffs and $435,600.00 to Plaintiffs' counsel for Court awarded attorneys' fees and taxed costs. Invitation: Corporation Counsel, October 18, 2016
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: 2:10-CV-03254
Claimants: James Kneipp, Joseph Martin, Kenneth Brown, William Tartis, Antonio Gonzalez, Donna Sapienza and Michael Lalley
Claimant's Attorney: The Law Offices of Niedweske Barber Hager
Attorney's Address: 98 Washington Street, Morristown, New Jersey 07960
Settlement Amount: $660,600.00
Funding Source: Insurance Fund Trust
Additional Comments: $225,000.00 to Plaintiffs and $435,600.00 to Plaintiffs' counsel for Court awarded attorneys' fees and taxed costs.
Invitation: Corporation Counsel, October 18, 2016
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WHEREAS, on or about July 26, 2010 Plaintiffs, James Kneipp, Joseph Martin, Kenneth Brown, William Tartis, Antonio Gonzalez, Donna Sapienza and Michael Lalley (collectively "Plaintiffs") instituted a suit in the United States Court for the District of New Jersey captioned James Kneipp, Joseph Martin, Kenneth Brown, William Tartis, Antonio Gonzalez, Donna Sapienza and Michael Lalley v. City of Newark, Docket No. 2:10-CV-03254; and

WHEREAS, at all times relevant to this action, the City of Newark Police Department employed Plaintiffs as Police and Canine Officers ("Canine Unit") during the period of time from February 1997 to on or about July 1, 2010; and

WHEREAS, the Canine Unit's dogs lived with the Plaintiffs; Plaintiffs were involved in the training and care of these dogs while assigned to the Canine Unit; and

WHEREAS, on or about July 1, 2010, the City eliminated the Canine Unit; and

WHEREAS, Plaintiffs contend that the City violated the Fair Labor and Standards Act (FLSA), 29 U.S.C. ? 201, et seq., as they were entitled to overtime for their care of these dogs; Plaintiffs further contend that the City violated the anti-retaliation provision of the FLSA by eliminating the Canine Unit; and

WHEREAS, the ...

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